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Importance and Impacts of Strong Trademark Protection and Enforcement on Economy 4.0

- Economy 4.0 refers to a transition from an efficiency-driven to an innovation-driven economy characterized by digital transformation, new technologies, and globalization. Intellectual property plays a key role in driving innovation and economic growth under Economy 4.0. - Trademarks in particular promote innovation by enabling brand recognition and consumer choice, and extending commercial benefits beyond patent expiration. Strong trademark systems facilitate registration, commercialization, and enforcement of trademarks, benefiting businesses and economic performance. Counterfeiting has negative economic impacts by reducing sales and profits of legitimate trademark owners.

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LAWPLUS 1 Importance and Impacts of Strong Trademark Protection and Enforcement on Economy 4.0 Kowit Somwaiya Managing Partner, LawPlus Ltd. APAA Interim Meeting on Importance of a Strong Protection of IP System 3 August 2017 Phnom Penh, Cambodia www.lawplusltd.com The information provided in this document is general in nature and may not apply to any specific situation. Specific advice should be sought before taking any action based on the information provided. Under no circumstances shall LawPlus Ltd. be liable for any direct or indirect, incidental or consequential loss or damage that results from the use of or the reliance upon the information contained in this document. Copyright © 2017 LawPlus Ltd. www.lawplusltd.com
LAWPLUS 2 Presentation Outline • What Actually is “Economy 4.0”? • Intellectual Property and Economy 4.0 • Trademark and Development of Economy • Merits of Trademarks on Business and Economic Performance • What Makes a Strong Trademark System? • Negative Impact of Counterfeits • Summary
LAWPLUS 3 What Actually is “Economy 4.0”? • No common definition of the term “Economy 4.0” agreed among countries all around the world • But there are some general concepts of the term “Economy 4.0” as follows:- 1. Efficiency-driven economy to innovation-and-knowledge-driven economy 2. Rapid urbanization 3. Digital transformation and digital economy 4. New and refined material, gene, bio, renewable energy and nano technologies 5. Rapid change in demographics (in developed and emerging countries) 6. Globalization (economic networks, the flow of goods, services, finance, people etc…) • "Economy 4.0" therefore describes the fact it is not only about “Digital Economy” and that digitization will not only result in a change in industrial production, but also in all service industries and therefore affect all areas of life. It also addresses the risks and social challenges in many ways.
LAWPLUS 4 What Actually is “Economy 4.0”? • The concept of “Economy 4.0” has been named differently among countries, e.g. – USA: “A Nation of Makers” – UK: “Design in Innovation” – China: “Made in China 2025” – Singapore: “Smart Nation” – India: “Made in India” – Republic of Korea: “Creative Economy” – Thailand: “Thailand 4.0”
LAWPLUS 5 What Actually is “Economy 4.0”? • Common aimed results from the implementation of “Economy 4.0” strategy – Higher revenue / higher GDP – Increase of relative competitiveness of the country – Expansion of market of goods and services – More high value services – Work a little but make big gains. – “Less for More” Efficiency- Driven Economy Efficiency- Driven Economy Innovation- Driven Economy Innovation- Driven Economy
LAWPLUS 6 Intellectual Property and Economy 4.0 • Intellectual property is an important tool for economy development. • IP system has enabled the grant of property-like rights over new knowledge and creative expression of mankind, which has made it possible to harness the commercial value of o utputs of human inventiveness and creativity. • IP system plays a significant role in helping business to gain and retain its innovation- based advantage. The competitive edge that an entrepreneurial business may gain is lik ely to be longer lasting. • IP protection encourages creative intellectual endeavor in the public interest. • IP system promotes fair competition in the market. • Strong IP protection protects interest of consumers.
LAWPLUS 7 Intellectual Property and Economy 4.0 • Intellectual property is a tool for development. • “In the age of the knowledge economy, the efficient and creative use of knowledge is a key determinant of international competitiveness, wealth creation and improved social welfare.” • “An effective intellectual property (IP) system embedded within a national strategy which anchors IP considerations firmly within the policy-making process will help a nation to promote and protect its intellectual assets, thereby driving ec onomic growth and wealth creation.” Kamil Idris Former WIPO Director General
LAWPLUS 8 Intellectual Property and Economy 4.0 Efficiency- Driven Economy Efficiency- Driven Economy Innovation- Driven Economy Innovation- Driven Economy
LAWPLUS 9 Intellectual Property and Economy 4.0 • Examples of economic impact and advantages of IPRs on business performance – In EU, companies that own IPRs have on average 29% higher revenue per employee than firms that do not. SMEs that own IPRs have almost 32% higher revenue per employee than SMEs that do not own IPRs at all. In terms of individual IPRs, the avera ge performance premium experienced by IPR-owning companies is 26 per cent for patents, 29 per cent for trade marks and 31 per cent for designs. (OHIM (EUIPO), 2015) – Across Chile, Colombia, Mexico, Panama and Peru, trademark-intensive industries generated 8% - 26% of total employment; and 10% - 21% of GDP. This is equivalent to 18.5 million jobs and a value added per person of US $2,390 annually. (INTA, 2016) There is a strong positive relationship between the ownership of different types of IPR and the business performance.
LAWPLUS 10 Intellectual Property and Economy 4.0 Source: INTELLECTUAL PROPERTY RIGHTS AND FIRM PERFORMANCE IN EUROPE, OHIM (EUIPO), 2015
LAWPLUS 11 Intellectual Property and Economy 4.0 • Examples of economic impact and advantages of IPRs on business performance – Intellectual Property and the U.S. Economy: 2016 Update (USPTO) • This report identifies 81 industries (from among 313 total) as IP-intensive. These IP- intensive industries directly accounted for 27.9 million jobs in 2014, up 0.8 million from 2010. • The value added by IP-intensive industries increased substantially in both total amount and GDP share between 2010 and 2014. IP-intensive industries accounted for $6.6 trillion in value added in 2014, up more than $1.5 trillion (30 percent) from $5.06 trillion i n 2010. Accordingly, the share of total U.S. GDP attributable to IP-intensive industries i ncreased from 34.8 percent in 2010 to 38.2 percent in 2014. • IP-intensive industries directly and indirectly supported 45.5 million jobs, about 30 percent of all employment.
LAWPLUS 12 Intellectual Property and Economy 4.0 • Examples of economic impact and advantages of IPRs on business performance – The study of WIPO on the impact of the intellectual property system on economic growth in Asian countries in 2007 shows as follows:- • After the reform of the IP system, some economic data such as GDP, R&D expenditures and FDI greatly increased in many countries (China, India, Japan, Korea, Malaysia and Vietnam). • In the fields of chemistry, pharmaceuticals and biotechnology, the introduction of patent systems for substances has had an effect on the number of patent applications or certain economic data such as trade in technology and R&D expenditures in some cou ntries (India, Japan, and Korea). • The relationship between the IP system and selected data related to IP creation and economic growth has been quantitatively demonstrated.
LAWPLUS 13 Intellectual Property and Economy 4.0 • Example: China Source: Impact of the Intellectual Property System on Economic Growth: Fact-Finding Surveys and Analysis in the Asian Region, Country Report – China, WIPO, 2007
LAWPLUS 14 Intellectual Property and Economy 4.0 • Example: Malaysia Source: Impact of the Intellectual Property System on Economic Growth: Fact-Finding Surveys and Analysis in the Asian Region, Country Report – Malaysia, WIPO, 2007
LAWPLUS 15 Example: Thailand 20 Years IP Roadmap to Innovation-Driven Economy 2016 Enhancing efficiency of registration and protection of IP Phase 1: 2017 – 2021 Improve Thailand’s IP system to be more efficient to facilitate IP owners by reducing the procedure and shortening the timeframe for getting registration of IP Phase 2: 2022 – 2026 Use innovation and IP assets as main tools for creating added value to goods and services and increase economic competitiveness of the country Phase 3: 2027 - 2031 Thailand’s IP goes beyond boundary to international market. IPRs of Thai entrepreneurs and Thai exporters are protected in the importing countries. Thai economy is driven by innovation and IP. Phase 4: 2032 – 2036 Thai people can create, innovate, own, and commercialize IPRs with their full potential so that Thailand can be considered as “high-income country” and “developed country” with stability, prosperity and sustainability. Thailand is the source of production of creative goods, IP-based industries and high technologies. IP Enforcement Creation ProtectionCommercialization Thailand is a stable, prosperous, and sust ainable developed co untry Source: The Department of Intellectual Property Intellectual Property and Economy 4.0
LAWPLUS 16 Trademark and Development of Economy • Is innovation only about invention or patent protection? • There has been a misunderstanding of the term “innovation” and “invention”. • In fact, “Innovation” is not only about “invention” or “technology”. • Generally put, an “innovation” is developing a new idea and putting it into practice. • The term “innovation” in the Economy 4.0 policy is used to refer to the process of bringing valuable new products (goods/services) to market, i.e., from the idea/concept formulation st age to the successful launching of a new or improved product in the market place, or the re sult of that process, so as to meet the explicit or implied needs of current or potential custo mers. • In other words, through innovation an enterprise seeks to provide unique new value to its customers.
LAWPLUS 17 Trademark and Development of Economy
LAWPLUS 18 Trademark and Development of Economy • How trademark system plays role in Economy 4.0 and economic development in general? – Trademarks play an important role in the marketing process, enabling consumers to identify a product/services of a particular company and enabling them to distinguish the products (goods/services) from others. – Trademarks are a useful tool in launching new products segments or entirely new products, technologically based or non-technologically based, i.e., through brand extension. – Trademarks come with a reputation for quality, functionality, reliability and other attributes, ultimately enabling consumers to exercise choice in their decision-making. – Equally important, trademarks come with a certain image – whether for luxury, trendiness or social responsibility which consumers care about, and which in turn influences which goods and services they purchase. For companies, in turn, brands are valuable strategic assets an d a source of competitive advantage.
LAWPLUS 19 Trademark and Development of Economy • How trademark system plays role in Economy 4.0 and economic development in general? – Trademarks can be very effective in penetrating new markets. • Honda, for example, took advantage of its reputation in motorcycle engineering to penetrate the US automobile market. “Companies in all economic sectors – whether small or large, in more developed or less developed economies – rely on brands when they commercialize their goods and services. Trademarks – the legal incarnation of brands – are by far the most widely used form of regist ered intellectual property.” Francis GURRY, Director General of WIPO
LAWPLUS 20 Trademark and Development of Economy • How trademark system plays role in Economy 4.0 and economic development in general? – Trademarks are also useful in extending commercial benefits beyond the life of a patent. • The case of Aspirin® provides a good example. – Knowing that patents have a limited duration, the Bayer Company embarked upon promoting a trademark for its new product. – When the Aspirin® patent expired, the company continued benefit from the sale of aspirin through its established trademark Aspirin®. – The Bayer Company has also used the two-tracked IP strategy, i.e., using a trademark to protect market share after the expiry of a patent, for its Cipro® produ ct (ciprofloxacin for treatment of infections, including anthrax).
LAWPLUS 21 Trademark and Development of Economy • Comparing trademarks to other kinds of IPR – Trademarks are the most widely used form of registered IP throughout the world. In particular, many low- and middle-income countries see companies intensively filing for trade marks, even if they make comparatively less use of other IP forms like patent. (WIPO, 2013) . – Through branding, companies can increase the demand for their products and enhance the willingness of consumers to pay for them. – Strong brand reputation – and at the extreme, outright brand loyalty – makes consumers willing to accept higher prices, as switching to a competing brand would entail additional sea rch costs. – In certain situations companies may find it more profitable to differentiate themselves through image/branding/trademark rather than through product innovation or invention.
LAWPLUS 22 Trademark and Development of Economy Innovative/Technologically Based Firms Source: WIPO Economics & Statistics Series: 2013 World Intellectual Property Report on Brands – Reputation and Image in the Global Marketplace
LAWPLUS 23 Trademark and Development of Economy Non-Innovative/Non-Technologically Based Firms Source: WIPO Economics & Statistics Series: 2013 World Intellectual Property Report on Brands – Reputation and Image in the Global Marketplace
LAWPLUS 24 Trademark and Development of Economy Source: Intellectual property rights and firm performance in Europe: an Economic Analysis, Firm-Level Analysis Report, OHIM (EUIPO), June 2015
LAWPLUS 25 Merits of Trademarks on Business and Economic Performance • From the study of OHIM among EU countries, the highest revenue-per-employee increases are linked to trademark-only and combined trademark-and-design owners: 30 per cent and 39 per cent, respectively (OHIM (EUIPO), 2015). • A 10 per cent increase in the stock of European trademarks of a firm is associated with a 2.8 per cent increase in revenue per employee, and a 10 per cent increase in the stock of national trade marks is associated with a 5.2 per cent increase (OHIM (EUIPO), 2015). • Economic growth, advertising and trademark filings are correlated. US advertising and trademark filing activity is shown to move cyclically with the business cycle; indeed, in many countries these two indicators are a leading indicator of economic activity (WIPO, 2013).
LAWPLUS 26 Merits of Trademarks on Business and Economic Performance Source: WIPO based on data in the WIPO Statistics Database, the World Bank, and the WARC AdSpend Database used in Corrado et al (2013)
LAWPLUS 27 Merits of Trademarks on Business and Economic Performance • The underlying relationship is plausible for several reasons, chief among them that, as countries grow and develop from agrarian to dynamic innovative economies, markets ceas e to be local. This is the result of improved infrastructure and, in particular, transportation sy stems, increased economies of scale in production and greater product differentiation – all within the context of economic development. • This effect can be seen in the data for the Republic of Korea, for example. As the country’s economic structure shifted to high-tech manufacturing and related exports from the late 198 0s onwards, branding increased as a share of GDP.
LAWPLUS 28 Merits of Trademarks on Business and Economic Performance The evidence shows that economic growth as measured by real GDP per capita goes hand in hand with increasing branding investments.
LAWPLUS 29 What Makes a Strong Trademark System?
LAWPLUS 30 What Makes a Strong Trademark System? Creation Registration • Facilitate and support creation of trademark • Create global value chain • Educate the public of function and value of trademark • Use reasonable registration requirements • Simplify the process • Save time and costs // cost-effective • Make it easier to manage registrations locally and internationally A strong trademark system should…
LAWPLUS 31 What Makes a Strong Trademark System? A strong trademark system should… Commercialization Enforcement • Make it easier to manage trademark portfolios • Increase tradability of trademarks and the development of markets • Help protect and exploit trademark assets • Support trademark licensing and assignment • Provide effective and efficient enforcement system • Have good co-operation among government authorities including customs officials • Raise public awareness
LAWPLUS 32 Negative Impact of Counterfeits • Direct impacts are the IP owners’ loss in sales, loss in good will, reputational damage, and higher expenditure involved in protecting and enforcing IPRs. • Indirect impacts include:- – loss in direct foreign investment and miss out foreign know-how as foreign producers become reluctant to manufacture their products in countries where counterfeiting is rife – discouragement of innovation as counterfeits reduce the returns to innovation – IP erosion and reduction of the range of products and services which, in the longer run, effects economic growth operating mainly through the links between innovation, technological progress and productivity (particularly severe in knowledge-driven econo mies) – job losses – loss of tax revenue, especially from luxury goods (since the counterfeits are normally sold through clandestine channels) – the consumers of counterfeits paying an excessive price for an inferior product and the consumers of authentic products paying for unfair competition.
LAWPLUS 33 Negative Impact of Counterfeits • Indirect impacts – health and safety risk, especially pharmaceutical products, electronics and goods where the legitimate products are subject to the regulatory standards like food, bevera ges and cosmetics – supporting and financing other criminal activities and terrorism – worker exploitation, child labor and dangerous working environment caused by unregulated manufacturing • For example, a large proportion of deaths through alcohol poisoning in Russia (17,302 in 2012) is caused by counterfeit products, which account for 30-40% of alcoholic beverages i n the country (Kotelnikova, 2014). • The WHO estimates that in some developing countries counterfeits comprise between 10-30% of the market value of drug sales.
LAWPLUS 34 Negative Impact of Counterfeits “The unchecked growth of counterfeiting and piracy is an enormous drain on the global economy. This illegal business activity deprives governments of revenues for vital public services, forces higher burdens on tax payers, dislocates hundreds of thousands of legitimate jobs, discourage innovation and exposes consumers to dangerous and ineffective products.” ETIENNE SANZ DE ACEDO CEO, International Trademark Association (INTA)
LAWPLUS 35 Negative Impact of Counterfeits (globally)
LAWPLUS 36 Negative Impact of Counterfeits Source: THE ECONOMIC IMPACTS OF COUNTERFEITING AND PIRACY, Report prepared for BASCAP and INTA (2017)
LAWPLUS 37 Trademark and Economy 4.0: Summary • Intellectual property is a tool for development, especially for Economy 4.0. which is driven by innovation and knowledge. • There is a strong positive relationship between the ownership of different types of IPR and the business performance. • “Innovation” is not only about “invention” or “technology”. Generally put, an “innovation” is developing a new idea and putting it into practice. • Not only patent but also trademark system is important to encourage and protect innovation. • Trademarks are the most widely used form of registered IP throughout the world. Companies in all economic sectors – whether small or large, in more developed or less dev eloped economies, technologically- or non-technologically based, – rely on branding and tra demarks when they commercialize their goods and services.
LAWPLUS 38 Trademark and Economy 4.0: Summary • Branding investments affect consumer welfare and, in the long term, can influence the rate of economic growth. • Strong trademark system is necessary for Economy 4.0. • Trademark system must be well-organized and supportive for trademark creation, registration/protection, commercialization/utilization, and enforcement. • Inefficient protection and enforcement of trademark will cause huge negative impact on economy and society, especially when the economy is driven or to be driven by innovation and knowledge. • Strong trademark system will support, encourage and facilitate Economy 4.0 achievement and help making the economy grow more and more.
LAWPLUS 39 Q&A
LAWPLUS 40
LAWPLUS 41 Unit 1401, 14th Floor 990 Abdulrahim Place Rama IV Road, Bangkok 10500 Tel. +66 (0)2 636 0662 Fax+66 (0)2 636 0663 Room 517, Yangon International Hotel No. 330 Corner of Ahlone and Pyay Roads Dagon Township, Yangon, Myanmar Tel. +95 9 505 6667 Tel. +95 92 6111 7006 •www.lawplusltd.com kowit.somwaiya@lawplusltd.com

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Importance and Impacts of Strong Trademark Protection and Enforcement on Economy 4.0

  • 1.
    LAWPLUS 1 Importance andImpacts of Strong Trademark Protection and Enforcement on Economy 4.0 Kowit Somwaiya Managing Partner, LawPlus Ltd. APAA Interim Meeting on Importance of a Strong Protection of IP System 3 August 2017 Phnom Penh, Cambodia www.lawplusltd.com The information provided in this document is general in nature and may not apply to any specific situation. Specific advice should be sought before taking any action based on the information provided. Under no circumstances shall LawPlus Ltd. be liable for any direct or indirect, incidental or consequential loss or damage that results from the use of or the reliance upon the information contained in this document. Copyright © 2017 LawPlus Ltd. www.lawplusltd.com
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    LAWPLUS 2 Presentation Outline •What Actually is “Economy 4.0”? • Intellectual Property and Economy 4.0 • Trademark and Development of Economy • Merits of Trademarks on Business and Economic Performance • What Makes a Strong Trademark System? • Negative Impact of Counterfeits • Summary
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    LAWPLUS 3 What Actuallyis “Economy 4.0”? • No common definition of the term “Economy 4.0” agreed among countries all around the world • But there are some general concepts of the term “Economy 4.0” as follows:- 1. Efficiency-driven economy to innovation-and-knowledge-driven economy 2. Rapid urbanization 3. Digital transformation and digital economy 4. New and refined material, gene, bio, renewable energy and nano technologies 5. Rapid change in demographics (in developed and emerging countries) 6. Globalization (economic networks, the flow of goods, services, finance, people etc…) • "Economy 4.0" therefore describes the fact it is not only about “Digital Economy” and that digitization will not only result in a change in industrial production, but also in all service industries and therefore affect all areas of life. It also addresses the risks and social challenges in many ways.
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    LAWPLUS 4 What Actuallyis “Economy 4.0”? • The concept of “Economy 4.0” has been named differently among countries, e.g. – USA: “A Nation of Makers” – UK: “Design in Innovation” – China: “Made in China 2025” – Singapore: “Smart Nation” – India: “Made in India” – Republic of Korea: “Creative Economy” – Thailand: “Thailand 4.0”
  • 5.
    LAWPLUS 5 What Actuallyis “Economy 4.0”? • Common aimed results from the implementation of “Economy 4.0” strategy – Higher revenue / higher GDP – Increase of relative competitiveness of the country – Expansion of market of goods and services – More high value services – Work a little but make big gains. – “Less for More” Efficiency- Driven Economy Efficiency- Driven Economy Innovation- Driven Economy Innovation- Driven Economy
  • 6.
    LAWPLUS 6 Intellectual Propertyand Economy 4.0 • Intellectual property is an important tool for economy development. • IP system has enabled the grant of property-like rights over new knowledge and creative expression of mankind, which has made it possible to harness the commercial value of o utputs of human inventiveness and creativity. • IP system plays a significant role in helping business to gain and retain its innovation- based advantage. The competitive edge that an entrepreneurial business may gain is lik ely to be longer lasting. • IP protection encourages creative intellectual endeavor in the public interest. • IP system promotes fair competition in the market. • Strong IP protection protects interest of consumers.
  • 7.
    LAWPLUS 7 Intellectual Propertyand Economy 4.0 • Intellectual property is a tool for development. • “In the age of the knowledge economy, the efficient and creative use of knowledge is a key determinant of international competitiveness, wealth creation and improved social welfare.” • “An effective intellectual property (IP) system embedded within a national strategy which anchors IP considerations firmly within the policy-making process will help a nation to promote and protect its intellectual assets, thereby driving ec onomic growth and wealth creation.” Kamil Idris Former WIPO Director General
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    LAWPLUS 8 Intellectual Propertyand Economy 4.0 Efficiency- Driven Economy Efficiency- Driven Economy Innovation- Driven Economy Innovation- Driven Economy
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    LAWPLUS 9 Intellectual Propertyand Economy 4.0 • Examples of economic impact and advantages of IPRs on business performance – In EU, companies that own IPRs have on average 29% higher revenue per employee than firms that do not. SMEs that own IPRs have almost 32% higher revenue per employee than SMEs that do not own IPRs at all. In terms of individual IPRs, the avera ge performance premium experienced by IPR-owning companies is 26 per cent for patents, 29 per cent for trade marks and 31 per cent for designs. (OHIM (EUIPO), 2015) – Across Chile, Colombia, Mexico, Panama and Peru, trademark-intensive industries generated 8% - 26% of total employment; and 10% - 21% of GDP. This is equivalent to 18.5 million jobs and a value added per person of US $2,390 annually. (INTA, 2016) There is a strong positive relationship between the ownership of different types of IPR and the business performance.
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    LAWPLUS 10 Intellectual Propertyand Economy 4.0 Source: INTELLECTUAL PROPERTY RIGHTS AND FIRM PERFORMANCE IN EUROPE, OHIM (EUIPO), 2015
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    LAWPLUS 11 Intellectual Propertyand Economy 4.0 • Examples of economic impact and advantages of IPRs on business performance – Intellectual Property and the U.S. Economy: 2016 Update (USPTO) • This report identifies 81 industries (from among 313 total) as IP-intensive. These IP- intensive industries directly accounted for 27.9 million jobs in 2014, up 0.8 million from 2010. • The value added by IP-intensive industries increased substantially in both total amount and GDP share between 2010 and 2014. IP-intensive industries accounted for $6.6 trillion in value added in 2014, up more than $1.5 trillion (30 percent) from $5.06 trillion i n 2010. Accordingly, the share of total U.S. GDP attributable to IP-intensive industries i ncreased from 34.8 percent in 2010 to 38.2 percent in 2014. • IP-intensive industries directly and indirectly supported 45.5 million jobs, about 30 percent of all employment.
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    LAWPLUS 12 Intellectual Propertyand Economy 4.0 • Examples of economic impact and advantages of IPRs on business performance – The study of WIPO on the impact of the intellectual property system on economic growth in Asian countries in 2007 shows as follows:- • After the reform of the IP system, some economic data such as GDP, R&D expenditures and FDI greatly increased in many countries (China, India, Japan, Korea, Malaysia and Vietnam). • In the fields of chemistry, pharmaceuticals and biotechnology, the introduction of patent systems for substances has had an effect on the number of patent applications or certain economic data such as trade in technology and R&D expenditures in some cou ntries (India, Japan, and Korea). • The relationship between the IP system and selected data related to IP creation and economic growth has been quantitatively demonstrated.
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    LAWPLUS 13 Intellectual Propertyand Economy 4.0 • Example: China Source: Impact of the Intellectual Property System on Economic Growth: Fact-Finding Surveys and Analysis in the Asian Region, Country Report – China, WIPO, 2007
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    LAWPLUS 14 Intellectual Propertyand Economy 4.0 • Example: Malaysia Source: Impact of the Intellectual Property System on Economic Growth: Fact-Finding Surveys and Analysis in the Asian Region, Country Report – Malaysia, WIPO, 2007
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    LAWPLUS 15 Example: Thailand 20Years IP Roadmap to Innovation-Driven Economy 2016 Enhancing efficiency of registration and protection of IP Phase 1: 2017 – 2021 Improve Thailand’s IP system to be more efficient to facilitate IP owners by reducing the procedure and shortening the timeframe for getting registration of IP Phase 2: 2022 – 2026 Use innovation and IP assets as main tools for creating added value to goods and services and increase economic competitiveness of the country Phase 3: 2027 - 2031 Thailand’s IP goes beyond boundary to international market. IPRs of Thai entrepreneurs and Thai exporters are protected in the importing countries. Thai economy is driven by innovation and IP. Phase 4: 2032 – 2036 Thai people can create, innovate, own, and commercialize IPRs with their full potential so that Thailand can be considered as “high-income country” and “developed country” with stability, prosperity and sustainability. Thailand is the source of production of creative goods, IP-based industries and high technologies. IP Enforcement Creation ProtectionCommercialization Thailand is a stable, prosperous, and sust ainable developed co untry Source: The Department of Intellectual Property Intellectual Property and Economy 4.0
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    LAWPLUS 16 Trademark andDevelopment of Economy • Is innovation only about invention or patent protection? • There has been a misunderstanding of the term “innovation” and “invention”. • In fact, “Innovation” is not only about “invention” or “technology”. • Generally put, an “innovation” is developing a new idea and putting it into practice. • The term “innovation” in the Economy 4.0 policy is used to refer to the process of bringing valuable new products (goods/services) to market, i.e., from the idea/concept formulation st age to the successful launching of a new or improved product in the market place, or the re sult of that process, so as to meet the explicit or implied needs of current or potential custo mers. • In other words, through innovation an enterprise seeks to provide unique new value to its customers.
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    LAWPLUS 17 Trademark andDevelopment of Economy
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    LAWPLUS 18 Trademark andDevelopment of Economy • How trademark system plays role in Economy 4.0 and economic development in general? – Trademarks play an important role in the marketing process, enabling consumers to identify a product/services of a particular company and enabling them to distinguish the products (goods/services) from others. – Trademarks are a useful tool in launching new products segments or entirely new products, technologically based or non-technologically based, i.e., through brand extension. – Trademarks come with a reputation for quality, functionality, reliability and other attributes, ultimately enabling consumers to exercise choice in their decision-making. – Equally important, trademarks come with a certain image – whether for luxury, trendiness or social responsibility which consumers care about, and which in turn influences which goods and services they purchase. For companies, in turn, brands are valuable strategic assets an d a source of competitive advantage.
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    LAWPLUS 19 Trademark andDevelopment of Economy • How trademark system plays role in Economy 4.0 and economic development in general? – Trademarks can be very effective in penetrating new markets. • Honda, for example, took advantage of its reputation in motorcycle engineering to penetrate the US automobile market. “Companies in all economic sectors – whether small or large, in more developed or less developed economies – rely on brands when they commercialize their goods and services. Trademarks – the legal incarnation of brands – are by far the most widely used form of regist ered intellectual property.” Francis GURRY, Director General of WIPO
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    LAWPLUS 20 Trademark andDevelopment of Economy • How trademark system plays role in Economy 4.0 and economic development in general? – Trademarks are also useful in extending commercial benefits beyond the life of a patent. • The case of Aspirin® provides a good example. – Knowing that patents have a limited duration, the Bayer Company embarked upon promoting a trademark for its new product. – When the Aspirin® patent expired, the company continued benefit from the sale of aspirin through its established trademark Aspirin®. – The Bayer Company has also used the two-tracked IP strategy, i.e., using a trademark to protect market share after the expiry of a patent, for its Cipro® produ ct (ciprofloxacin for treatment of infections, including anthrax).
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    LAWPLUS 21 Trademark andDevelopment of Economy • Comparing trademarks to other kinds of IPR – Trademarks are the most widely used form of registered IP throughout the world. In particular, many low- and middle-income countries see companies intensively filing for trade marks, even if they make comparatively less use of other IP forms like patent. (WIPO, 2013) . – Through branding, companies can increase the demand for their products and enhance the willingness of consumers to pay for them. – Strong brand reputation – and at the extreme, outright brand loyalty – makes consumers willing to accept higher prices, as switching to a competing brand would entail additional sea rch costs. – In certain situations companies may find it more profitable to differentiate themselves through image/branding/trademark rather than through product innovation or invention.
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    LAWPLUS 22 Trademark andDevelopment of Economy Innovative/Technologically Based Firms Source: WIPO Economics & Statistics Series: 2013 World Intellectual Property Report on Brands – Reputation and Image in the Global Marketplace
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    LAWPLUS 23 Trademark andDevelopment of Economy Non-Innovative/Non-Technologically Based Firms Source: WIPO Economics & Statistics Series: 2013 World Intellectual Property Report on Brands – Reputation and Image in the Global Marketplace
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    LAWPLUS 24 Trademark andDevelopment of Economy Source: Intellectual property rights and firm performance in Europe: an Economic Analysis, Firm-Level Analysis Report, OHIM (EUIPO), June 2015
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    LAWPLUS 25 Merits ofTrademarks on Business and Economic Performance • From the study of OHIM among EU countries, the highest revenue-per-employee increases are linked to trademark-only and combined trademark-and-design owners: 30 per cent and 39 per cent, respectively (OHIM (EUIPO), 2015). • A 10 per cent increase in the stock of European trademarks of a firm is associated with a 2.8 per cent increase in revenue per employee, and a 10 per cent increase in the stock of national trade marks is associated with a 5.2 per cent increase (OHIM (EUIPO), 2015). • Economic growth, advertising and trademark filings are correlated. US advertising and trademark filing activity is shown to move cyclically with the business cycle; indeed, in many countries these two indicators are a leading indicator of economic activity (WIPO, 2013).
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    LAWPLUS 26 Merits ofTrademarks on Business and Economic Performance Source: WIPO based on data in the WIPO Statistics Database, the World Bank, and the WARC AdSpend Database used in Corrado et al (2013)
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    LAWPLUS 27 Merits ofTrademarks on Business and Economic Performance • The underlying relationship is plausible for several reasons, chief among them that, as countries grow and develop from agrarian to dynamic innovative economies, markets ceas e to be local. This is the result of improved infrastructure and, in particular, transportation sy stems, increased economies of scale in production and greater product differentiation – all within the context of economic development. • This effect can be seen in the data for the Republic of Korea, for example. As the country’s economic structure shifted to high-tech manufacturing and related exports from the late 198 0s onwards, branding increased as a share of GDP.
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    LAWPLUS 28 Merits ofTrademarks on Business and Economic Performance The evidence shows that economic growth as measured by real GDP per capita goes hand in hand with increasing branding investments.
  • 29.
    LAWPLUS 29 What Makesa Strong Trademark System?
  • 30.
    LAWPLUS 30 What Makesa Strong Trademark System? Creation Registration • Facilitate and support creation of trademark • Create global value chain • Educate the public of function and value of trademark • Use reasonable registration requirements • Simplify the process • Save time and costs // cost-effective • Make it easier to manage registrations locally and internationally A strong trademark system should…
  • 31.
    LAWPLUS 31 What Makesa Strong Trademark System? A strong trademark system should… Commercialization Enforcement • Make it easier to manage trademark portfolios • Increase tradability of trademarks and the development of markets • Help protect and exploit trademark assets • Support trademark licensing and assignment • Provide effective and efficient enforcement system • Have good co-operation among government authorities including customs officials • Raise public awareness
  • 32.
    LAWPLUS 32 Negative Impactof Counterfeits • Direct impacts are the IP owners’ loss in sales, loss in good will, reputational damage, and higher expenditure involved in protecting and enforcing IPRs. • Indirect impacts include:- – loss in direct foreign investment and miss out foreign know-how as foreign producers become reluctant to manufacture their products in countries where counterfeiting is rife – discouragement of innovation as counterfeits reduce the returns to innovation – IP erosion and reduction of the range of products and services which, in the longer run, effects economic growth operating mainly through the links between innovation, technological progress and productivity (particularly severe in knowledge-driven econo mies) – job losses – loss of tax revenue, especially from luxury goods (since the counterfeits are normally sold through clandestine channels) – the consumers of counterfeits paying an excessive price for an inferior product and the consumers of authentic products paying for unfair competition.
  • 33.
    LAWPLUS 33 Negative Impactof Counterfeits • Indirect impacts – health and safety risk, especially pharmaceutical products, electronics and goods where the legitimate products are subject to the regulatory standards like food, bevera ges and cosmetics – supporting and financing other criminal activities and terrorism – worker exploitation, child labor and dangerous working environment caused by unregulated manufacturing • For example, a large proportion of deaths through alcohol poisoning in Russia (17,302 in 2012) is caused by counterfeit products, which account for 30-40% of alcoholic beverages i n the country (Kotelnikova, 2014). • The WHO estimates that in some developing countries counterfeits comprise between 10-30% of the market value of drug sales.
  • 34.
    LAWPLUS 34 Negative Impactof Counterfeits “The unchecked growth of counterfeiting and piracy is an enormous drain on the global economy. This illegal business activity deprives governments of revenues for vital public services, forces higher burdens on tax payers, dislocates hundreds of thousands of legitimate jobs, discourage innovation and exposes consumers to dangerous and ineffective products.” ETIENNE SANZ DE ACEDO CEO, International Trademark Association (INTA)
  • 35.
    LAWPLUS 35 Negative Impactof Counterfeits (globally)
  • 36.
    LAWPLUS 36 Negative Impactof Counterfeits Source: THE ECONOMIC IMPACTS OF COUNTERFEITING AND PIRACY, Report prepared for BASCAP and INTA (2017)
  • 37.
    LAWPLUS 37 Trademark andEconomy 4.0: Summary • Intellectual property is a tool for development, especially for Economy 4.0. which is driven by innovation and knowledge. • There is a strong positive relationship between the ownership of different types of IPR and the business performance. • “Innovation” is not only about “invention” or “technology”. Generally put, an “innovation” is developing a new idea and putting it into practice. • Not only patent but also trademark system is important to encourage and protect innovation. • Trademarks are the most widely used form of registered IP throughout the world. Companies in all economic sectors – whether small or large, in more developed or less dev eloped economies, technologically- or non-technologically based, – rely on branding and tra demarks when they commercialize their goods and services.
  • 38.
    LAWPLUS 38 Trademark andEconomy 4.0: Summary • Branding investments affect consumer welfare and, in the long term, can influence the rate of economic growth. • Strong trademark system is necessary for Economy 4.0. • Trademark system must be well-organized and supportive for trademark creation, registration/protection, commercialization/utilization, and enforcement. • Inefficient protection and enforcement of trademark will cause huge negative impact on economy and society, especially when the economy is driven or to be driven by innovation and knowledge. • Strong trademark system will support, encourage and facilitate Economy 4.0 achievement and help making the economy grow more and more.
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    LAWPLUS 41 Unit 1401,14th Floor 990 Abdulrahim Place Rama IV Road, Bangkok 10500 Tel. +66 (0)2 636 0662 Fax+66 (0)2 636 0663 Room 517, Yangon International Hotel No. 330 Corner of Ahlone and Pyay Roads Dagon Township, Yangon, Myanmar Tel. +95 9 505 6667 Tel. +95 92 6111 7006 •www.lawplusltd.com kowit.somwaiya@lawplusltd.com